분배금
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
1. The reasoning of this court concerning this part of the payment of the G-type distribution is as stated in the reasoning of the judgment of the court of first instance, and this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Whether unjust enrichment is established
A. The plaintiffs' assertion that the defendant's 6.7 billion won received from the non-party clan as the representative of the F branch, must be distributed in 2/7 each to son and the defendant, and 1/7 each to son E and the plaintiffs, respectively. Thus, 95,714,285 won should have been paid to the plaintiffs.
However, since the defendant paid only KRW 30 million to each of the plaintiffs, the remaining KRW 65,714,285 must be returned as unjust enrichment.
B. (1) In full view of the purport of the entire argument in Gap evidence No. 1, it is recognized that F’s children are the defendant, the South Korean passenger, and the defendant, the South Korean passenger, and the plaintiff, E and the plaintiffs, and D have 2 South Korean women and five grandchildren, and the defendant has 1 South and North Korean grandchildren.
Meanwhile, according to the degree of contribution to the clans day, the Defendant asserted that: (a) accumulated KRW 200 million out of KRW 65 million paid from Nonparty clans as the Fund; (b) used KRW 100 million as gift tax and trial expenses; and (c) distributed the remainder to Defendants and E, respectively, KRW 30 million to their offsprings; and (d) distributed each of KRW 365 million to the Defendant and to their offsprings; and (c) distributed each of KRW 50 million to D, KRW 36.5 million to the Defendant and KRW 57.5 million to the Defendant.
In addition, according to the statement in Eul's evidence Nos. 3 and 4, the defendant convened a meeting of the family members who received shares on July 18, 201, following the decision of the court of first instance, and sought ratification on the distribution from the non-party clan as the representative of the house and received shares from the non-party clan as above. It is recognized that the defendant and his children, D's children, and E's consent has been obtained.
(2) Under these circumstances, the non-party clan decided to pay shares to the representative of each house, allowing the payment of shares to be made.